MARY OSEI ALIAS AMA ANKOMA vs. AMOTWE [2015]DLHC8193

Date	2015-05-12
Suit No.	SUIT NO. C12/165/2011
Citation No.	[2015]DLHC8193

HIS LORDSHIP JUSTICE JACOB B. BOON

SAEED KOFI SAM FOR THE PLAINTIFF

ATTA POKU FOR THE DEFENDANT

[2015]DLHC8193
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													<main id="main" class="content" style="min-height: 60rem" >MARY OSEI
ALIAS AMA ANKOMA<o:p></o:p>

(PLAINTIFF)<o:p></o:p>

vs.<o:p></o:p>

AMOTWE<o:p></o:p>

(DEFENDANT)<o:p></o:p>

[HIGH
COURT, KUMASI]<o:p></o:p>

SUIT
NO. C12/165/2011&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 12TH
MAY, 2015<o:p></o:p>

</div>

COUNSEL:<o:p></o:p>

SAEED
KOFI SAM FOR THE PLAINTIFF <o:p></o:p>

ATTA
POKU FOR THE DEFENDANT<o:p></o:p>

</div>

CORAM:<o:p></o:p>

HIS
LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div>

<o:p>&nbsp;</o:p>

</div>

The dispute in
this suit is over a residential property built on plot number KNT18 Konka
Junction, Obuasi. It is undisputed that the house was put up by the plaintiff who
purported to sell it to the defendant, according to her, to raise money to
solve an urgent family problem. A purchase price of GH¢4,350.00 was agreed with
the defendant. It is asserted by the plaintiff that the total purchase price
was to be paid before the house would be transferred to the defendant as the new
owner. It is her case that the defendant breached the agreement when she made a
part payment of GH¢2,500.00 but failed to make good the full purchase price
within the agreed time. In her testimony, she said after the initial deposit in
August 2007, no other payments were made till after twenty-five months and four
days when &nbsp;&nbsp;another GH¢900 was paid. &nbsp;She said though she accepted this second
payment, she made it known to the defendant she regarded it as rent on the
basis that the agreement had been repudiated because of her failure to perform
the part of her bargain by paying the full purchase price within the two-month
period agreed after the initial deposit. Indeed, evidence led by the husband of
the defendant was to the effect that her wife was obliged to have paid off the
whole purchase price by the end of December, 2007. It is therefore the further
case of the plaintiff that as the defendant defaulted in paying off the
outstanding balance of the purchase price within the stipulated period, she
made it known to her that her conduct had resulted in repudiation of the
contract of sale of the house, and she treated the GH¢9,000.00 as rent since
defendant occupied the premises as her tenant after the December, 2007 deadline
for payment of the outstanding purchase price. <o:p></o:p>

a.<span style="font-style: normal; font-variant-numeric: normal; font-variant-east-asian: normal; font-weight: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: &quot;Times New Roman&quot;;">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A
declaration that plaintiff is entitled to the legal and beneficial interest in
the house situate and lying on Plot KNT 18 Konka Junction by reason of
Defendant’s fundamental and repudiatory breach of agreement to sell the said 5
bedroom house.<o:p></o:p>

b.<span style="font-style: normal; font-variant-numeric: normal; font-variant-east-asian: normal; font-weight: normal; font-stretch: normal; font-size: 7pt; line-height: normal; font-family: &quot;Times New Roman&q</main>